¶1As issue was not joined in the cause, until after the election made as to the plea, in the last vacation, the defendant was in time, to apply for a commission, according to the 9th rule of April term, 1796. The propriety of the plea elected by the defendant is not to be examined on this motion. The inquest must be set aside, and a commission issue.
¶2Rule granted.
¶3Grah. Prac. 2d edit, 293.